On the ratification of the Agreement between the United Nations and the Government of the Republic of Kazakhstan on the opening of the United Nations Office in Kazakhstan

Home / RLA / On the ratification of the Agreement between the United Nations and the Government of the Republic of Kazakhstan on the opening of the United Nations Office in Kazakhstan

The Law of the Republic of Kazakhstan dated February 20, 2012 No. 568-IV

To ratify Agreement between the United Nations and the Government of the Republic of Kazakhstan on the opening of a United Nations Office in Kazakhstan, signed in New York on October 5, 1992.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the United Nations and the Government of the Republic of Kazakhstan on the opening of United Nations Offices in Kazakhstan

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on October 3, 1997)

The preamble

Based on the fact that the Government of the Republic of Kazakhstan and the United Nations have expressed mutual interest in the United Nations opening a temporary Office in Alma Ata in order to maintain and apply additional efforts in solving the most important problems of economic development and promoting social progress and improving living conditions; Based on the fact that the Government of the Republic of Kazakhstan has agreed to use all available opportunities to create conditions for the full and effective functioning of the UN office, including working conditions and other related actions to achieve the main goal: strengthening cooperation and mutual understanding with the Government and people of the Republic of Kazakhstan; Bearing in mind that the Government of the Republic of Kazakhstan has agreed to open and receive a Representative Office as an organized UN structure and its representatives in accordance with the UN Convention on Privileges and Immunities; Wishing to conclude an agreement to resolve issues related to the opening of a Temporary UN Mission in Alma Ata, We have agreed in a spirit of friendly cooperation on the following:

Article 1 Definitions

The following definitions are used in this Agreement: a) "Office" means the United Nations Office as an organizational structure through which the United Nations implements assistance and cooperation in the implementation of joint programs; b) "Government" means the Government of the Republic of Kazakhstan; c) "Governing bodies" means the republican, regional and other competent bodies of the organization operating in accordance with the legislation of the Republic of Kazakhstan; (d) "Agreement" (Convention) means the Convention on the Privileges and Immunities of the United Nations, approved by the UN General Assembly on February 13, 1946; (e) "Parties" means the United Nations and the Government of the Republic of Kazakhstan; (f) "Head of Office" means an official representing the United Nations; g) "Staff of the Mission" means the official representative and all employees of his staff, regardless of nationality, working according to the staffing table and rules adopted by the United Nations, with the exception of persons employed locally and paid on an hourly basis in accordance with UNGA Resolution 76 (I) of December 7, 1946; h) "Mission experts" means persons other than official staff or persons working by agreement on behalf of the United Nations, employed by the mission and cooperating on the basis of the provisions of Articles 6 and 7 of the Convention.; i) "Persons working on behalf of the United Nations" means persons employed under a contract, as opposed to permanent employees of the mission, who carry out or assist in the implementation of programs or other production activities; k) "UNDP" means the United Nations Development Program; l) "UNHCR" means the United Nations High Commissioner m) "UNICEF" means the United Nations Children's Fund established in accordance with UNGA Resolution 57 (I) of December 11, 1946.; h) "UNEP" – means the United Nations Environment Programme, established in accordance with GA Resolution 2997 (XXVII) of December 15, 1977; o) "Office Premises" – means all office buildings and its branches, including facilities for services and communications used by the United Nations in the Republic of Kazakhstan and declared as government; p) "Organization" – means the United Nations; p) "Party" – means the Republic of Kazakhstan.

Article 2 Objectives and areas of activity

Representative Office: 1. Cooperates with the Government on programs that promote economic development and social progress through mutual economic and social research, technical cooperation, staff training and information dissemination; 2. Coordinates the work of UNDP, UNHCR, UNICEF, UNEP and other UN bodies in the country, in accordance with relevant UN resolutions, decisions, regulations, rules and policies; 3. Carries out other activities that may be assigned to the Mission by the UN Secretary General; 4. If necessary, the United Nations, through its bodies and programs, may conclude additional agreements with the Government of Kazakhstan regarding assistance programs in accordance with Article 18 of this Agreement.

Article 3 Legal entities and their legal capabilities

The United Nations, acting through its Representative Office, should be able to: a) conclude contracts; b) acquire and dispose of movable and immovable property; c) carry out legal procedures.

Article 4 Application of the Convention

The Convention should be applicable to the activities of the Representative Office, its property, funds, staff and experts in the host country.

Article 5 Representative Office status

1. The United Nations shall establish and maintain its Representative Office in the country in order to fulfill its obligations under this Agreement or any other additional agreement specified in the following Article 18.2. The United Nations, its property and assets, wherever located and by whomsoever held, enjoy immunity from any rule of judicial intervention, except in cases where the United Nations itself specifically waives immunity in any particular case. However, it is assumed that no waiver of immunity applies to judicial and executive measures. 3. a) The premises of the Representative Office are inviolable. The property and assets of the Representative Office, wherever and by whomsoever they are located, are not subject to search or requisition. Confiscation, expropriation, and any other form of interference through either executive, judicial, legislative, or other actions. b) officials should not enter the building of the Representative Office to perform their official duties, except in cases where there is the consent of the head of the Representative Office and under circumstances agreed with him. 4. Officials must make every effort to ensure the safety and security of the Representative Office, to ensure conditions for the tranquility of the Representative Office and not to disturb it both inside and outside the building or in its immediate vicinity by individuals or groups of individuals. 5. The archives of the Representative Office and all documents belonging to it, regardless of where and by whom they were located, must be inviolable.

Article 6 Funds, property and other property of the Representative Office

1. The activities of the Representative Office are not limited by any financial control, regulation or prohibition. It: a) can have and use accounts in any currency and convert it; b) freely transfer its funds, gold reserves or currency from one country to other organizations or agencies of the United Nations system; c) use the most favorable legal exchange conditions for its financial transactions. 2. The Representative Office, its property, income and other property: a) is exempt from all direct and indirect taxes, contributions, duties or duties; the Representative Office will not require exemption from payments that are utility costs levied by the Government or relevant authorities in certain amounts that can be determined, described and listed item by item b) is exempt from traditional duties, prohibitions and restrictions on the import and export of all items necessary for the staff of the Representative Office. Items imported under such conditions may not be sold in the country to which they were imported, except in cases agreed with the Government of that country; c) is exempt from traditional duties, prohibitions and restrictions on imports and exports in terms of its printing industry.

Article 7 Employees of the Representative Office

1. Employees of the Representative Office: a) are not subject to judicial liability for what they have said or written and for all actions committed by them as officials. Such immunity remains even after the termination of the contract with the Government; b) is exempt from taxation of salaries and remuneration paid to them by the Representative Office; c) is exempt from government official duties. 2. In addition, internationally recruited staff of the Mission: a) are exempt, together with their wives and relatives who are dependent on them, from immigration restrictions and registration of foreigners; b) enjoy the same privileges regarding currency exchange that are granted to officials of the appropriate rank who are members of diplomatic missions accredited to The Government; (c) Enjoy, together with their wives and relatives who depend on them, the same repatriation benefits enjoyed by diplomatic representatives during international crises; (d) Have the right to carry their furniture and property duty-free upon initial employment in the host country. 3. The Head of the Mission and other officials, as may be agreed between the United Nations and the Government of the country, must enjoy the same privileges and facilities given by the Government to diplomatic staff of the same rank. For this purpose, the name of the Head of the Mission should be included in the diplomatic list. 4. The following benefits should apply to internationally recruited staff of the Representative Office: a) freely import a limited number of personal items without customs inspection and duties in accordance with existing government regulations; b) freely import vehicles without customs inspection and duties, including indirect taxes, in accordance with existing Government regulations and applicable to diplomatic staff of the same rank.

Article 8 Experts of the Representative Office

1. The experts of the Mission shall have the privileges, immunities and guarantees detailed in Article VI, paragraphs 22 and 23, and Article VII, paragraph 26 of the Convention. 2. The Mission's experts may enjoy additional privileges, immunities and benefits if they are agreed and approved by the Contracting Parties.

Article 9 Auxiliary staff of the Representative Office

1. Auxiliary staff of the Representative Office: a) is not subject to judicial responsibility for what they have said or written and for all actions committed by them as officials. Such immunity remains even after the termination of the contract with the Mission; b) enjoy, together with dependent relatives, the same repatriation benefits enjoyed by diplomatic representatives during international crises. 2. In order to effectively perform their duties, the Mission's support staff should enjoy the same benefits, privileges and guarantees as detailed in Articles 7 and 8, except as may be agreed between the Contracting Parties.

Article 10 Citizens of the State who work on an hourly basis

Citizens of the host State enjoy all the benefits necessary to fulfill their functional duties as UN staff. The working conditions and circumstances for staff employed locally and paid on an hourly basis must comply with UN Resolutions, decisions, instructions, rules and policies of the competent UN bodies.

Article 11 Waiver of privileges and immunities

The privileges and immunities provided for under this Agreement are granted in the interests of the United Nations and not in the personal interests of the staff. The UN Secretary-General has the right and duty to waive the immunity granted to any official, according to Articles 7, 8, 9 in cases where, in his opinion, immunity would impede the course of justice and could be waived without prejudice to the interests of the United Nations.

Article 12 Accessibility of benefits

1. The staff of the Representative Office, experts and support staff have the right to: a) prompt service and registration of visas, licenses and permits, exemption from payments, if necessary; b) free entry and exit from the country and movement within the country, freedom of all types of interaction in terms of the implementation of cooperation programs.

Article 13 Government assistance

1. The Government provides for the UN mission as agreed and as far as possible.: a) appropriate premises for the Mission; b) payment for the local telecommunications network for official purposes; c) payment for utilities and household services, including installation of equipment and maintenance of the office premises; d) vehicles for servicing Mission staff, mission experts and support staff performing their functional duties in the host country; 2. The Government promotes the UN: a) in the placement or provision of public utilities such as water, electricity, fire safety services and other services for the Representative Office building.

Article 14 Possibilities in the use of means of communication and communication

1. The United Nations uses official means of communication under the same conditions as those established by the Government for any diplomatic missions, such as tariffs for the installation and use of mail, telegraph, teleprinter, multiplying equipment, telephone and other means of communication, as well as remuneration for providing information to the press and radio. 2. Official UN correspondence or other communications may not be censored. Such a guarantee applies to printed products, photographic and electronic information, and other forms of communication, which must be agreed upon between the Parties. The United Nations should be allowed to use codes when sending and receiving correspondence, as well as seals and seals, which should also not be subject to inspection. 3. The United Nations has the right to use radio and other telecommunications equipment, on a frequency registered by the United Nations, as well as frequencies provided by the Government, to maintain communication between offices inside and outside the country, and especially with the UN headquarters in New York.

Article 15 Flag, emblem and attributes of the United Nations

The United Nations may display its flag or emblem on the Mission building, vehicles, etc. in agreement with the Government. United Nations land vehicles, ships, and airliners must have a distinctive UN badge or emblem, which must be notified to the Government.

Article 16 Notifications

The Mission notifies the Government of the names and positions of its staff, mission experts and support staff, both foreigners and citizens of the host State, and of any changes in their situation.

Article 17 Identification

1. The Government, at the request of the Head of the Mission, issues an identity card to each Representative Office employee, mission expert, support staff, and foreigners and citizens of the Republic (except those who work on an hourly basis). 2. At the request of an official representative of the Government, employees, according to paragraph 1, must present, but not hand over, their identification card. 3. Upon completion of work or reassignment of staff, the Representative Office necessarily returns all identification cards to the Government.

Article 18 Supplementary agreements

1. UNDP, UNICEF, UNHCR, UNEP and other UN bodies and programmes may conclude additional Agreements with the Government, which become an integral part of this Agreement on the terms under which the Government will implement the relevant projects. 2. The United Nations and the Government may enter into any additional agreements at the discretion of both Parties.

Article 19 Declaration against the UN

1. Cooperation with UN programs under this Agreement or any other additional Agreements is carried out in the interests of the Government and the people of the country, and therefore it must share its responsibility and risk of carrying out the actions defined by this Agreement. 2. The Government is particularly responsible for actions and consequences indirectly and directly related to the implementation of this Agreement that may be raised by a third party against the United Nations, its staff, experts or support personnel working in the interests of the United Nations, guarantees and ensures their safety, unless the Government and the United Nations agree that a specific claim caused by negligence or deliberate official misconduct.

Article 20 Dispute resolution procedure

Any disagreement between the United Nations and the Government regarding the interpretation, interpretation and application of this Agreement or any other additional Agreement that has not been negotiated or any other type of agreement is subject to arbitration at the request of either Party. Each Party appoints one arbitrator, who elects a third as chairman. If one of the Parties does not appoint an arbitrator within 30 days from the date of submitting the request to arbitration, or if the presiding arbitrator is not elected within 15 days from the date of the appointment of arbitrators, either Party has the right to request the President of the International Court of Justice to appoint an arbitrator. The arbitration procedure is determined by the arbitrators and all costs related to the arbitration are borne by both Parties, in accordance with the assessment of these costs by the arbitrators. The decisions of the arbitration court must contain the justification for its issuance and be accepted by the Parties as final.

Article 21 Entry into force

This Agreement comes into force from the moment it is signed by persons authorized by the United Nations and the Government.

Article 22 Expiration of the term

This Agreement shall cease to be in force six months after one of the Parties notifies the other in writing of its intention to terminate this Agreement, but nevertheless remains in force for this additional period in order to phase out the functions of the United Nations, as well as to resolve disputes between the Parties. To confirm this, the Agreement was signed by the plenipotentiaries on behalf of the Government and the UN Representative in English and Kazakh (unofficial translation). In case of translation or conflict, the English text is preferred.

It's been done In New York

For the Organization United Nations For the Republic of Kazakhstan

RCPI's note! The following is the text of the Agreement in English.

President

Republic of Kazakhstan

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